HomeMy WebLinkAboutReso, project cooperation agmt - Coral ViewJ-03-
8/22/16
RESOLUTION NO.
A RESOLUTION BY A FOUR -FIFTHS AFFIRMATIVE VOTE
OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, BETWEEN THE CITY OF MIAMI
("CITY") AND CORAL VIEWCORAL VIEW, L.C.
("CORAL VIEW"), TO PROVIDE FOR CITY'S
PARTICIPATION IN A COOPERATIVE PROJECT TO MAKE
ROADWAY IMPROVEMENTS IN THE PUBLIC RIGHT-OF-
WAY ALONG SW 22ND TERRACE BETWEEN SW 29TH AND
SW 3OTH STREETS, WHEREIN THE CITY WILL
CONTRIBUTE $190,000; FURTHER AFFIRMING AND
ADOPTING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, BY A FOUR -FIFTHS VOTE, TO THE
EFFECT THAT IT IS IN THE PUBLIC'S BEST
INTEREST TO SELECT THE CORAL VIEW
CONTRACTORS FOR THIS WORK BY METHOD OTHER THAN
COMPETITIVE PROCUREMENT; ALLOCATING FUNDS FOR
THIS PURPOSE FROM CAPITAL IMPROVEMENT PROJECT
NO. 311714, ENTITLED "DISTRICT 4, QUALITY OF
LIFE", UNDER THE HOMELAND DEFENSE -
NEIGHBORHOOD IMPROVEMENT BOND PROGRAM.
WHEREAS, under the City Charter and City Code the City is
duly empowered to build, construct, operate and maintain municipal
improvements, including public rights -of -way, throughout the City;
and
WHEREAS, the City, through various departments including the
Department of Capital Improvements, implements projects and
programs to improve and enhance public rights -of -way and seeks
input from community stakeholders, residents, property owners and
businesses in preparing such projects; and
WHEREAS, CORAL VIEW, L.C. is the fee simple owner and
developer of real property located at 3000 Coral Way, Miami, Fl.,
on which it is constructing a new mixed -use project known as the
Aston, containing approximately 226 living units (the
"Development"), which Development is, among other things, in
furtherance of the City's goal of creating market -rate housing
near Downtown; and
WHEREAS, the south side of the Development fronts SW 22nd
Terrace, a City of Miami right-of-way; and
WHEREAS, residents in the vicinity of the Development have
requested, and the City has confirmed the need for, improvements
to SW 22nd Terrace between SW 29th and 31st Avenue ("the Street
Segment"), in the form of full roadway reconstruction, including
new pavement, curb and gutters, drainage, driveway aprons,
sidewalks, landscaping, pavement markings and signage (the "Road
Improvements"), having a total estimated cost of $190,000; and
WHEREAS, the Road Improvements would further the ease of
travel, flow of traffic and enhance the aesthetic appearance of
the Street Segment; and
WHEREAS, CORAL VIEW is committed to make certain
improvements, valued at approximately $39,000, to SW 22nd Terrace
immediately in front of its property pursuant to City building
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permits issued for the Development ("Developer Improvements"), and
thus has already engaged or will hire qualified firms to design
and construct those improvements in the right-of-way; and
WHEREAS, CORAL VIEW has proposed to the City that it will
additionally design, engineer, and construct the Road Improvements
on behalf of the City at the same time as it performs those tasks
for the Developer Improvements, so as to minimize traffic and
related disruptions within the area; and
WHEREAS, allowing CORAL VIEW to design and construct the Road
Improvements is expected to lower the cost by eliminating or
reducing customary expenses such as contractor mobilization; and
WHEREAS, the City Commission hereby finds and determines that
the design, engineering and construction of the Road Improvements
will promote the safety and welfare of the citizens of the City by
providing or enhancing the public right-of-way and thus serves a
valid public purpose; and
WHEREAS, the City Commission hereby finds and determines that
construction of the Improvements within the public right-of-way
will primarily benefit the general public; and
WHEREAS, the attached agreement lays forth the duties and
responsibilities of the City and CORAL VIEW with regard to the
design and construction of the Road Improvements, including the
City's contribution of funds in the maximum amount of $190,000 for
this purpose; and
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WHEREAS, funds for this purpose are available from Capital
Improvement Project No. 311714, "District 4 - Quality of Life",
under the Homeland Defense - Neighborhood Improvement Bond
Program; and
WHEREAS, the City's Bond Oversight Board additionally
reviewed and approved of the proposed use of such funds at its
meeting of October 28 , 2003; and
WHEREAS, the City Manager additionally finds and recommends
that it is in the public's best interest to waive competitive bids
and select, outside of a City competitive procurement process, the
CORAL VIEW construction firm, Harrison -Phelps Construction, Inc.,
as an appropriately licensed contractor that is uniquely qualified
to undertake and perform such work on behalf of the City because:
it has an existing written proposal on file with CORAL VIEW to
perform work at the Development, it is prepared to be present and
mobilized on site, and it is familiar with the work, the project,
and the physical conditions of the property; and
WHEREAS, the City Manager further finds that there is a valid
public emergency justifying the waiver of requirements of the
Consultants Competitive Negations Act, "CCNA", as applicable,
therefore allowing the selection of the CORAL VIEW design and
engineering firm, Bermello-Ajamil and Partners, Inc. to design the
Road Improvements, because: there is insufficient time to conduct
applicable competitive procurement processes and still meet the
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timeline that affords the lowest cost to the public, said design
firm is already engaged by the Developer, it is duly qualified to
perform the work, and it has personnel ready, willing and able to
perform the work ; and
WHEREAS, this matter is being considered at a duly advertised
public meeting and the City Commission having considered Sections
18-87 (Professional Services under the Consultant's Competitive
Negotiation Act: "CCNA"), 18-89(Public Works and Contracts) and
18-90 (Emergency Procurements) of the Code of the City of Miami,
which are each deemed as being incorporated by reference herein as
though set forth in full, and which lay forth the criteria for the
aforementioned waiver of competitive processes; and
WHEREAS, the applicable provisions of the City of Miami
Procurement Ordinance, as amended, were originally adopted prior
to July 1, 1994; and provide for such emergency waivers; and
WHEREAS, Willy A. Bermello, a registered architect and a
principle of CORAL VIEW, is additionally a member of the City's
Urban Development Review Board ("UDRB"), an advisory board to the
Planning and Zoning Department Director, and cannot, without a
waiver by the City Commission, transact business with the City
pursuant to Section 2-614 of the City Code; and
WHEREAS, Section 2-614 provides for a waiver of the conflict
of interest provision where the services to be involved in the
proposed transaction are unique and the city cannot avail itself
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of such services without entering into a transaction which would
violate this section but for waiver of its requirements, and where
the proposed transaction will be to the best interest of the city,
both of which conditions have been met;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings found in the preamble
of this resolution are adopted by reference and incorporated as if
fully set forth in this section.
Section 2. The City Manager is authorized to execute the
agreement, in substantially the attached form, between the City of
Miami and CORAL VIEW, L.C. to provide for City's participation in
a cooperative project to enhance and upgrade improvements in the
public right-of-way as specified in the Agreement along SW 22nd
Terrace from SW 29TH to SW 30TH Avenues, wherein CORAL VIEW design,
engineer and construct the improvements, and the City will
contribute an amount not to exceed $190,000 toward the cost of
improvements, with funds allocated from CIP Project No. 311714,
"District 4 - Quality of Life Improvements", under the Homeland
Defense - Neighborhood Improvement Bond Program for this purpose.
Section 3. The City Manager's finding of an emergency is
affirmed and adopted, by a four -fifths affirmative vote, that it
is in the public's best interest to waive competitive bids and/or
proposals, as applicable, and select, outside of a City competitive
procurement process, the CORAL VIEW professional design and
construction firms, who are an appropriately certified
professional architects, landscape architects and engineers, or
licensed and certified contractors, as applicable, that are
uniquely qualified and the only reasonable source of supply, given
their existing business relations with the Developer, to perform
work on the public right-of-way adjacent to the Development and to
undertake and perform such work on behalf of the City.
Section 3. The conflict of interest provisions,
specifically, the prohibition against City officials transacting
business with the City, is waived for Willy A. Bermello as a
principal and officer of Coral View, L.C. and member of the City's
Urban Development Review Board, pursuant to 2-614 of the City Code,
by a four -fifths affirmative vote, as his services are unique and
the City cannot avail itself of such services and enter into this
transaction which would violate this section but for a waiver of
these requirements and this transaction will be in the best
interests of the City of Miami.
Section 4. This resolution shall become effective
immediately upon its adoption and signature of the Mayors/.
PASSED AND ADOPTED THIS
day of , 2003.
MANUEL A. DIAZ, MAYOR
ATTEST:
PRISCILLA A.THOMPSON, CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO
CITY ATTORNEY
W : BSS
1/ If the Mayor does not sign this Resolution, it shall become effective at the end of
ten calendar days from the date it was passed and adopted. If the Mayor vetoes this
Resolution, it shall become effective immediately upon override of the veto by the
City Commission.
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